Current through Register Vol. 63, No. 9, September 1, 2024
(1)
ORS Chapter 192 unconditionally exempts from public disclosure a member's
nonfinancial membership records and an active or inactive member's financial
recordsmaintained by PERS. PERS may not release such records to anyone other
than the member, an authorized representative of the member, or the member's
estate except:
(a) Upon the written
authorization of the member, or an individual that is legally authorized to act
on behalf of the member or the member's estate as to PERS matters; or
(b) As otherwise provided in OAR
459-060-0030.
(2) ORS
192.355(12)
conditionally exempts from public disclosure a retired member's financial
information maintained by PERS. PERS may not release such records to anyone
other than the member, an authorized representative of the member, or the
member's estate unless:
(a) To do so would not
constitute an unreasonable invasion of privacy and there is clear and
convincing evidence that disclosure is in the public's interest;
(b) PERS receives written authorization from
the member, or an individual that is legally authorized to act on behalf of the
member or the member's estate as to PERS matters; or
(c) Release is provided for under OAR
459-060-0030 or as required under the judgments in PERS v. Oregonian
Publishing Company LLC and PERS v. Multimedia Holdings
Corporation, dba Statesman Journal and Statesman Journal
Media.
(3)
Information distributed pursuant to the judgments referenced in section (2)(c)
of this rule will be updated not less than annually.
(4)
(a)
Subject to subsection (b) of this section, PERS may provide a member's current
or former employer with information from the member's records that is otherwise
exempt from public disclosure to the extent necessary to enable the employer:
(A) To determine whether a non-PERS
retirement plan maintained by the employer complies with any benefit or
contribution limitations or nondiscrimination requirement imposed by applicable
federal or state law;
(B) To apply
any coordination of benefits requirement contained in any non-PERS benefit plan
maintained by the employer;
(C) To
perform any necessary account reconciliation following an integration of the
employer's retirement plan into PERS; or
(D) To reconcile an actuarial
valuation.
(b) PERS will
not provide the information described in subsection (a) of this section unless
the employer demonstrates to the satisfaction of PERS that the information is
necessary to accomplish one of the purposes described in paragraphs (A), (B),
(C) and (D) of subsection (a) and the employer certifies in writing that it
will not disclose the information to any third party except to the extent
permitted under this division and ORS
192.355(12).
(5) PERS may disclose to the
employer information from the member's records that, as determined by PERS,
will enable the employer to properly remit contributions and furnish reports to
PERS.
(6) PERS will not provide a
mailing list of its members or their dependents to any individual or
enterprise.
Statutory/Other Authority: ORS
192.355 & 238.650
Statutes/Other Implemented: ORS
192.311 - 192.431
